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Boating can be an enjoyable and exciting recreational activity that can be risky. If a negligent action leads to an accident, the victims and their families may be entitled to monetary compensation for injuries and losses.
A NYC boat accident lawyer will assist victims of injuries to claim the amount of damages they are entitled to. A claim is an obligation to pay for medical expenses as well as other financial damages.
Damages
While many people think of bodies of water as if they were the Wild West, there are laws that govern the vessels that travel on rivers, lakes and oceans throughout the United States. boat accident law firm accidents can be governed by multiple federal and state laws which are weighed in determining if negligence occurred. If a boat driver is drunk, they may be sued for negligence. There are federal laws that address pollution and deaths at sea. Additionally, there are specific maritime regulations like the Jones Act that give injured workers or their families access for compensation similar to workers who receive compensation in other industries.
If a loved-one was killed in a boating accident, family members can bring a lawsuit on their behalf to recover damages including loss of companionship, funeral expenses as well as pain and suffering. Families may also seek compensation for past medical bills as well as future medical expenses.
If a boat accident caused injuries to you or your loved ones A New York City boat accident lawyer can help you determine what damages you might be entitled to claim. A personal injury lawyer will review your insurance policy and the boat liability policies of the responsible party to determine the amount of compensation you could be entitled to receive as part of the settlement or verdict of a jury. Additionally, a knowledgeable lawyer can determine if there are any additional parties who may be accountable for the accident such as the manufacturer of a defective boat or boat part.
Liability
In general, injured boaters seek damages to recover medical expenses (past and future), lost income from time away from work, emotional trauma and suffering and pain. Injuries that are serious include neck and back injuries, brain traumas, broken bones, and internal organ damage.
Boating accidents often involve multiple parties that could be liable for legal liability for a accident, including the vessel's operator, passengers on board at the time of the accident, other boats and watercraft involved in the collision, manufacturers of the boats and their components or engines, and even authorities responsible for putting buoys that warn of the dangers of conditions. An attorney who handles personal injury cases will be knowledgeable of both state and federal maritime laws to determine who is liable in an accident.
Under the Jones Act a worker on the vessel that is injured at sea has similar rights to those of workers compensation beneficiaries. Additionally, sailors injured on international waters or in the outer continental shelf waters have the right to submit a claim under Jones Act and other federal maritime regulations. Workers' compensation laws of the state laws also apply to maritime workers who have been injured and families of sailors who died.
Gathering Evidence
The evidence collected during the initial stages of the legal process can help determine the strength of your case. For instance, taking photos of the scene of the accident could help determine the who is responsible and the circumstances of the boating accident. Eyewitnesses may also provide crucial information that can help you prove your claim.
Medical records are crucial for understanding the severity of your injuries and the associated damages. These records should include thorough accounts of hospital and doctor visits, surgeries, rehabilitation treatments, and the expenses associated with these. You will also need to keep track of any changes in your income or employment as well as other non-financial losses.
Spinal cord and brain injuries are common in boat accidents. Injuries in this category may result from oxygen deprivation, carbon monoxide poisoning or blunt force trauma from hitting the head against areas like the propeller or side of the boat. Often, these injuries are life-changing.
Other types of marine accidents involve mechanical issues, like electrical or engine problems, steering problems, and gear shift issues. In these cases our NYC boating accident lawyers will determine if a company should be held accountable for injuries suffered by accident victims.
How to File a Claim
It is crucial to seek medical attention for injuries as soon as you can following a boat accident, you should not offer a statement to an insurance adjuster or other party without consulting with a lawyer. An attorney can help protect your rights, and ensure that you are compensated in a fair manner for the damage.
The legal process for seeking compensation after a boat accident is to file an insurance claim or lawsuit against the person or parties who are liable. This usually involves providing evidence to back a claim for economic and non-economic damages. Economic damages include the costs of medical treatment and other expenses associated with the accident, such as lost income from missed work. Non-economic damages include pain and suffering, and any other intangible loss that may be difficult to quantify.
In some cases the manufacturer of a boat or one of its components could be held responsible for an accident if their product was defectively constructed or designed. A New York boating accident lawyer can investigate the possibility of product liability and seek compensation from the parties responsible.
In some cases it's not only the person who operates a boat who could be held responsible for an accident. Owners of vessels can also be held accountable, especially in the event that the owner is responsible for the hiring and training of the person operating their vessel, or if a person unfit to operate a craft is allowed to use their property.
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